Texas Codes

Tex. Elec. Code § 82.002 (2026)

Disability Or Confinement For Childbirth

✓ current as of May 2026

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Sec. 82.002. DISABILITY OR CONFINEMENT FOR CHILDBIRTH. (a) A qualified voter is eligible for early voting by mail if the voter:

(1) has a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health; or

(2) is expecting to give birth within three weeks before or after election day.

(b) The following do not constitute sufficient cause to entitle a voter to vote under Subsection (a):

(1) a lack of transportation;

(2) a sickness that does not prevent the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health; or

(3) a requirement to appear at the voter's place of employment on election day.

(c) To be eligible for an early voting ballot by mail under Subsection (a)(1), an applicant must affirmatively indicate that he or she agrees with the statement prescribed by Section 84.002(c).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 19, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.05; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, Sec. 69, eff. Sept. 1, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 728 (H.B. 3920), Sec. 1, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 728 (H.B. 3920), Sec. 2, eff. September 1, 2021.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2015–2023 · leading case: Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016).

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Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016). “shtml (last visited June 28, 2016) (providing online voter registration applications), and the flexibility of mail-in ballots without photo ID requirements for the elderly and disabled, TEX. ELEC. CODE §§ 82.002–003. Taken in “context,” it is as easy, if not easier, to register…”

In RE STATE OF TEXAS v. the State of Texas (Tex. 2020). · cites it 6× “Laws 802 , 897, 901 (codified at TEX. ELEC. CODE §§ 82.002, 84.001–.002). 6 TEX.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). · cites it 4× “TEX. ELEC. CODE§ 82.002(a) ("Disability").”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2015). · cites it 3× “See TEX. ELEC. CODE ANN.§ 82.002 (West 2010); cf 42 U.”

Johnson v. Callanen (W.D. Tex. 2023). “” TEX. ELEC. CODE § 82.002 (a). provisions establish that voting in secret by absentee ballot is a benefit that Texas guarantees for all qualified voters.”

— Tex. Elec. Code § 82.002(a) — 2 cases

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). “TEX. ELEC. CODE§ 82.002(a) ("Disability").”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2015). “See TEX. ELEC. CODE ANN.§ 82.002 (West 2010); cf 42 U.”

— Tex. Elec. Code § 82.002(b) — 2 cases

In RE STATE OF TEXAS v. the State of Texas (Tex. 2020). “Laws 802 , 897, 901 (codified at TEX. ELEC. CODE §§ 82.002, 84.001–.002). 6 TEX.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2015). “See TEX. ELEC. CODE ANN.§ 82.002 (West 2010); cf 42 U.”

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